Under 21 Visa Denied

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chiks

Registered Users (C)
My brother in law is a US citizen.
His son lives in India. Couple of years back he filed a petition for him (under 21).
Last month, the NVC sent notice to file the fees and fill out DS-230 and all such activities.
After doing so, the Mumbai Consulate called him for interview yesterday.

The consulate denied the visa stating that as of today he is over 21. He turned 21 almost 9 months back.

:mad::mad::mad::mad:

Is this fair? Why did NVC make him pay the fees and all and even call him for interview if this is true???
 
Because they want to make money.

It is possible they made a mistake. How long did it take for the I-130 to get approved? If it took more than 9 months, his son should be protected by the CSPA and still be eligible for the immigrant visa.
 
My bad.

My Brother-in-law is and was a green card holder all along.

So what can be done about this?

Should we appeal to reconsider or would it automatically convert to over 21 category?

I ask this because the consular officer in India just told him "You are over 21 now". No instructions on what to do next. No paper with a reason why he was turned away.
 
chiks said:
So what can be done about this?

Should we appeal to reconsider or would it automatically convert to over 21 category?
Click to expand...

When was the I-130 filed (month/year), and how long did it take to get approved? Both those factors affect the available options.
 
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